Legislature(1993 - 1994)
02/25/1993 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 152: JURISDICTION OF MAGISTRATES Number 201 CHAIRMAN VEZEY read the title of HB 152 and called for testimony on the bill. Number 206 CHARLES S. "CHRIS" CHRISTENSEN III, STAFF COUNSEL FOR THE ALASKA COURT SYSTEM, testified in favor of HB 152. He explained how it would modify jurisdiction of magistrates to allow them to hear cases involving minor offenses, and also to hear cases of post-conviction relief. He stated this was an effort to relieve district judges of a heavy caseload. Number 296 REPRESENTATIVE SANDERS asked if HB 152 would preclude possible appeals to a higher court. Number 303 MR. CHRISTENSEN stated it would not. Number 310 CHAIRMAN VEZEY questioned the language in one line of HB 152 which allowed magistrates to hear misdemeanor cases that were not minor offenses, when in another line, magistrates would be allowed to hear minor offenses. Number 315 MR. CHRISTENSEN noted the discrepancy, and suggested a committee substitute (CS) might be appropriate. Number 327 CHAIRMAN VEZEY noted that a motion for amendment would be appropriate. Number 338 CHAIRMAN VEZEY asked if a revision was made, whether the provision for misdemeanors in one line and then minor offenses in another would be redundant. Number 347 MR. CHRISTENSEN said it would not. Number 357 CHAIRMAN VEZEY asked if magistrates would have jurisdiction in a felony case. Number 369 MR. CHRISTENSEN explained it would only give a magistrate jurisdiction in those cases where a misdemeanor defendant consented to such a hearing. Number 376 CHAIRMAN VEZEY asked the cost advantage of a magistrate handling such cases over a district judge. Number 385 MR. CHRISTENSEN explained that a district judge made between $80,000 to $90,000 a year plus benefits, but magistrates were state employees paid at five step ranges with a maximum of about $50,000. Number 399 CHAIRMAN VEZEY PROPOSED a CS to HB 152 that deleted the underlined portion of line 5, page 2, without objection. Number 424 CHAIRMAN VEZEY entertained a MOTION to allow CSHB 152 to be MOVED from committee with individual recommendations. Number 425 REPRESENTATIVE BETTYE DAVIS MOVED for acceptance of CSHB 152 and for it to be moved from committee. CHAIRMAN VEZEY called for a short at ease at 8:26 a.m., and reconvened at 8:28 a.m. Number 434 Committee Substitute to HB 152 was PASSED unanimously with individual recommendations. ADJOURNMENT Number 449 CHAIRMAN VEZEY adjourned the meeting at 8:31 a.m.
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